Motor Vehicles Act 1988 - Person holding a driving licence in respect of a “light motor vehicle” – Entitlement to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kgs, on the strength of that licence:
Held: Decision in Mukund Dewangan’s case which enables a person holding a licence for a light motor vehicle to drive a transport vehicle on the strength of that licence without a separate transport vehicle licence, does not appear to be in accord with the legislative intent – Any change in the position of law as expressed would have an impact on large number of persons who have obtained insurance and may be driving commercial vehicles with LMV licences relying on Mukund Dewangan’s case – Impact of the reversal of the decision on the social sector is a facet which would have to be placed in balance by the policy decisions of the Government – Thus, it would be necessary for the Union Government to have a fresh look at the matter and determine whether a change in the law is warranted bearing in mind the diverse considerations which fall within its remit in making policy choices and decisions – Union Government requested to carry out the exercise within the stipulated period and thereafter, the proceedings would be taken up. LIST OF CITATIONS AND OTHER REFERENCES
Mukund Dewangan v Oriental Insurance Company Limited (2017)
14 SCC 663 – referred to.
OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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